Hyundai Rotem Company-Indian Project Offices vs. Commissioner of Income-Tax (Appeals) and Assistant Commissioner of Income Tax

Parties Involved

Facts Summary

This case involves a second round of appeals by the assessee and the Revenue against the order of the Commissioner of Income Tax (Appeals) dated 28.02.2020 for Assessment Year 2011-12. The assessee had previously appealed to the Tribunal in ITA No. 510/Del/2016, which allowed the assessee's claim for risk adjustment. However, the Transfer Pricing Officer (TPO) re-adjudicated the issue and decided against the assessee. The assessee argued that the TPO's order was without jurisdiction and illegal. The Revenue argued that the appeal was misconceived as the First Appellate Authority had rightly directed the TPO to comply with the Tribunal's order.…

Legal Issues

• 1. Whether the TPO's order is without jurisdiction and illegal?
• 2. Whether the assessee's appeal is maintainable?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

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